11AFunctions under Law Enforcement Conduct Commission Act 2016

#### 11A Functions under Law Enforcement Conduct Commission Act 2016 11A Functions under [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061) > > (1) An expression used in this section which is defined in the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061) has the meaning it has in that Act. > > > (2) The Crime Commission has the functions of working collaboratively (so far as practicable) with the Law Enforcement Conduct Commission (the LECC) with respect to the education of Crime Commission officers about Crime Commission officer misconduct, officer maladministration and agency maladministration and the support and promotion of initiatives of the Crime Commission directed at the prevention and elimination of such misconduct and maladministration. > > > (3) As soon as practicable after a misconduct matter is received by the Crime Commissioner or after the Commissioner becomes aware of a misconduct matter, the Commissioner may (except as provided by subsection (5)) decide as follows— > > > > > (a) to investigate or otherwise deal with the misconduct matter under this Act, > > > > > (b) to refer the misconduct matter to the LECC for consideration of whether or not it is to be investigated by LECC or otherwise dealt with under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), > > > > > (c) to take no further action under this Act with respect to the misconduct matter. > > > > Note— > > > > The Commissioner may decide to take action with respect to misconduct matters in accordance with Part 8 of the [Government Sector Employment Rules 2014](/view/html/inforce/current/sl-2014-0065). > > > (4) A decision under subsection (3) may be made in respect of the whole or any part of a misconduct matter. > > > (5) The Commissioner must refer a misconduct matter received by the Commissioner or of which the Commissioner becomes aware that alleges, indicates or suggests that conduct of the Commissioner or an Assistant Commissioner is (or could be) officer misconduct to the LECC unless the misconduct has been referred to the Commissioner by the LECC. > > > (6) The Commissioner is to take into account any misconduct matters management guidelines or recommendation of the LECC in deciding how to investigate or deal with the misconduct matter. > > > (7) However, if the Commissioner decides to investigate a misconduct matter, the Commissioner may cause the misconduct matter to be investigated in any manner the Commissioner thinks fit and, in the case of a complaint may cause such action to be taken as the Commissioner thinks fit to resolve the complaint, subject to this Act or any other law. > > > (8) As soon as practicable after deciding how to deal with a misconduct matter that is a notifiable misconduct matter, the Commissioner must, in accordance with any relevant misconduct matters management guidelines, notify the LECC of the Commissioner’s decision with respect to the misconduct matter. > > > (9) In referring a misconduct matter to the LECC, the Commissioner may recommend how the misconduct matter should be dealt with. > > > (10) Additional information from a complainant, and any existing information relevant to a misconduct matter to which the Commissioner can readily obtain access, may be used in making a decision concerning a misconduct matter. > > > (11) The making of a decision under this section is not an investigation of the misconduct matter to which the decision relates. > > > (12) The regulations may make provision for or with respect to the handling of misconduct matters involving staff of the Commission. > > **s 11A:** Ins 2016 No 61, Sch 6.6 \[3\].